>> dan: good evening. i'm dan ashley. news out of oakland. threat of a federal takeover of the oakland police department has ended. the city reached an agreement with civil rights attorneys suing the department and calling for a federal takeover. under this agreement, just approved by a federal judge, oakland will have to hire someone to oversee police reforms. they will pay the salary but that person will report to the judge and have broad powers including firing officers including the chief. it stems from the allegations of four officers who called themselves the riders and were accused a number years ago of

handing out vigilanti justice on the streets of oakland. >> developing news, authorities have caught up with software company john mcafee. he was arrested in guatemala accused of entering the country illegally. he created the anti-virus software has been on the run for the past month after officials in belize tried to question him about the death of a neighbor. abc spoke with him in guatemala. >> how i would know? how would i know. >> dan: he says he has requested asylum in guatemala. he claims he is being persecuted refusing to donate to local politicians. >> i was walking like this. i had my jaws stuffed with toilet paper. >> he refused to turn himself to authorities and watching as the

police officers raided his home. now, he is in custody. now back to the weather. 24 hours it has been. a large tree fell onto a home in oakland, punched a hole in the overhang that covers the front porch. a huge tree. morning commute was a mess. flooding in many places like interstate 580 near park boulevard and oakland. rain or shine, crews were hard at work in lafayette after last week's storm left behind a huge sinkhole. they brought in boulders tory to shore it up. what is coming? spencer christian is here with a live look. >> it's coming down quite a bit. as you can see. we have just one little patch of light shower activity well down to the south of us. reaching into the higher terrify rains towards logs banos. not much rain left.

during the overnight hours, we follow the time line, clouds dissipating but fog will settle in some areas. we don't expect it to be dense but could reduce visibility for the morning commute. there is a few lingering clouds but showers should wind down giving way to sunny skies. >> dan: there is good news in santa cruz county, one of hardest hit areas from the storms managed to reopen one lane of vine hill road using steel plates and sandbags. half the road had slipped away. downed trees are an ongoing problem with the rain soaked soil. anchor eric thomas has the story of how one narrowly missed a couple. >> scott got a visit from the

building inspector. big chunks came crashing into his home. one came through his bedroom ceiling feet away from where scott and his wife slept. >> we were asleep and woke up. thank the lord we are here to talk to you about it. it was a big tree. it fell right over my head. luckily luckily one of the banks fell the other way. >> no part came to rest on the roof or second floor balcony. he blames the saturated ground. >> i have three kids. they woke up in a stir. we got them dressed and took them off to school. >> kids don't get off a day from school but face the prospect of the holidays in a hotel while repairs continue. >> dan: keep in mind if you have storm related pictures or video

to share, we want to put it out on the air. you can send them to u report. >> moving on late today, san francisco police announced they have broken the back of a high-tech electronic ring. look at all the stuff they have confiscated from this ring. more from news reporter carolyn tyler. >> is any of this stuff yours? it's part of a haul of stolen goods san francisco police has confiscated as they describe as a massive fencing ring. >> hundred plus cellphones, 75 plus laptops. cameras. >> in all, more than 1,000 items worth half a million to two million dollars most taken from car break-ins from san francisco

and oakland. police got a break in the case early last month. when an auto burglary at fisherman's wharf was caught on surveillance video. that eventually led police to this apartment san francisco's tenderloin where they made three arrests. >> we believe that this ring is smaller part of a bigger ring. that we put a significant dent that break into cars. >> taken into custody, 24-year-old brothers. and 23-year-old. all face multiple felony charges. what you see on the table is just a portion of what was confiscated, but photos have been taken of everything from a backpack they believe the suspects used to stash electronics, to laptops and tools. we have a link on our website showing all the stolen goods. if you have identifying information like a serial number you can recover your things.

the district attorney hopes this stash will be a warning for everyone this time of year. >> people often leave things. many of the things were taken because they were easy to grab. >> again, if you would like to take a look at those items, go to abc7news.com and click on see it on tv. >> dan: a former narcotics officer from contra costa county pleaded guilty to five felony charges. nor manuel shall admitted to stealing drugs and reselling them out on the streets. he stole cash and cellphones from prostitutes. he recently pleaded not guilty but changed his mind. he faces ten years in prison. he will be sentenced in february. >> restaurants in one san francisco neighborhood say they are being driven out of business by those food trucks.

mark matthews has the numbers and reaction from the truck operators, their customers and the city. >> every monday, wednesday and friday. food trucks line up on this part of front street. so do the customers. >> we work right up the street so it's really convenient and it's always local. >> local is a big selling organic. what these trucks are mobile, not local. local are the brick and mortar restaurants that have been in this neighborhood for years. every single one of them says that trucks are cutting deeply into their business. >> almost 40% less than what we usually do which is very alarming to me. >> the owner of this cafe says he will be out of business wayne year. they say business is down 50%. yo-yos 15-20% and saying thing to gas. grumpie were down 50% today.

>> when we first got starred we had two trucks we wanted to do proper out reach. >> he is a broker that set them up on front street. it was never the intention to cut into business but he had no exception except to hire a lawyer. >> now he is running four trucks on this block of front street. last year he was one of the committee members that hepd help draft the ordnance. he charges rent to use the permits, roughly $200 a day, $15,000 a week. >> that is pretty good cash flow. >> at city hall, i asked the director of public works, why this department would permit four trucks to line up in a neighborhood that has nine other lunchtime restaurants in a five block radius? >> my gut feeling is that a lot

of these trucks. >> they say it has kinks that need to be worked out. >> when you look at the lines at the food trucks, the people want them. >> he doesn't believe they will drive anyone out of business. his new ordnance it will require trucks to move 50 feet from the nearest restaurant, that is next-door. >> dan: a lot more to bring you. cal announces the new football coach for u.c. berkeley. plus the economic problem with proposition 30 what voters passed last month. a driving perk for lawmakers went away but not before some elected officials passed the buck to taxpayers. that story and tonight, dogs usually chase cars but it turns out they can drive them, too. we'll get those pictures. also here.

♪ >> look back at the career of a bay area legend

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>> dan: we are getting an idea about the possible long term impact, the tax increases voters approved in proposition 30 could have on our state's economy. nannette miranda has the story tonight from sacramento. >> governor brown successfully got voters to approve proposition 30, a temporary income tax increase on high earners and a boost to the statewide sales tax to save public schools. but a new forecast calls it a double-edged sword because it will drag the economy slowing growth. >> republicans have been saying that for some time. any time that you have higher taxes, it changes behavior but it also dampens the economic recovery. >> they estimated payroll growth to be between 1-2% in the next two years. it predicts unemployment rate will average 10.5% by the end of

the year and then go to 9.7% next year with a jobless rate of 8.4% in 2014. >> i think it's an oversimplification. >> an economist who is school finance consultant. he says it doesn't take into account if they rejected prop 30 six billion in cuts mostly to public education. he thinks californians want to trade short term growth for an investment in kids. >> we would have been looking at shortening the school day further, more kids out the streets. that is exactly what the voters didn't want to see. >> for job seekers, to see any slowdown in hiring, even for a good reason is frustrating. >> i look for about a year and a half. everything, i don't know how people survive on it. it's tough. i don't know how they live. >> the forecast points out

california remains on track for economic growth and more jobs indicating the state has turned the corner. >> at least a dozen state lawmakers had repairs done on state issued cars just before buying them before the state stopped providing them. legislators spent about $78,000 on oil changes, routine maintenance and new tires and fixing dents. but fair commission says technically think didn't do anything wrong. >> as long as the cars were in possession of the legislature and in need of repairs while they were putting them for sale, that should be okay. >> fair political practices commission will investigate to make sure that all rules were complied with. >> back to the weather coverage, in lafayette the work continues to fix a giant sinkhole. one of many problems in that part of the bay area.

nick smith has that part of our coverage tonight. >> reporter: that is the sound of progress. crews have been working since monday to repair the damage caused by this sinkhole that put a spotlight on lafayette. >> i think it is cool because in my life it's never happened. >> they want to see the huge hole that in his long eight years had never happened before. >> it seemed like a hurricane. it would never stop raining. i've never seen anything like that. >> crews are working quickly to prevent further damage. the affects of rain that hit the bay area could be found in other places, too. this view from sky 7 shows how the water runoff flooded lanes near park boulevard. same rain caused this heavy traffic back-up on 880 causing a slow moving bumper-to-bumper

build up. rain saturated this soil was a tragic mix for this they heard a solid crash. the weight and size of the tree tearing a sizable hole in the roof of this home. this house on birdsall avenue lost his retaining wall after it was too much to handle. >> crews have finished their work for today. i mentioned how their work was only a temporary fix. that is because city officials haven't decided what the long term solutions should be. >> dan: weather word tonight, uncle. we give up. >> looks like we are going to get a nice break. >> here is a live view. east bay camera. in emeryville where partly and mostly cloudy.

we have some moisture in the atmosphere but few people are seeing raindrops hitting the ground. take a look at live doppler, what i said is true. we have spotty shower activity down in the south bay. it's near hollister might not be hitting the ground that our radar is picking up. east of hollister toward los banos. we still could see an isolated shower tonight. temperatures are generally in the upper 50s to about 60 in fremont. visibility is down just a bit in some locations, down to two miles at livermore, two miles at half moon bay as we are getting fog developing in some spots. these are forecast features, areas of fog developing overnight. mostly sunny days, turning milder and remaining mild for quite a while.

here a satellite radar composite high pressure building in behind the frontal system that brought us dreary weather. this high pressure ridge is going to bring us nice sunny days but follow the time line. as some of the clouds move out, fog starts to settle in. areas of fog overnight and by the beginning of rush hour tomorrow morning, there will be reduced visibility in some areas. low temperatures will drop into the upper 40s in much of the north bay. right around or just about 50 in the remainder of the bay area. then tomorrow, sunshine. something we haven't seen for a while in the south bay. high temperatures in the low 60s. 61-62 in most locations up to 63 in los gatos. 62 palo alto and on coast. 59 in pacifica. downtown san francisco, a high of 60 tomorrow. 59 in the sunset district. north bay, mainly low 60s. 62 at novato.

east bay, 62 degrees at oakland, san leandro and union city. inland east bay, highs in the low 60s all around the bay area. 61 in concord. monterey bay, it will be slower to clear out tomorrow, we'll see relatively mild conditions, highs of 62. here is the seven-day forecast, raiders day tomorrow, thursday night football, raiders taking on the broncos. it will be dry and pleasant for tomorrow night's game after a sunny day tomorrow. sunny days will follow for the rest of the forecast during the warming up to mid-60s on sunday and holding there for the remainder of the period. >> sunny days are here again. putting their paws to the peddle.

you have to see these pictures. plus, the moon and very violent plus, the moon and very violent

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>> dan: the moon and probably the earth factories were fiercely bombarded by space debris than previously believed. using mapping data called ebb and flow, they say the moon is badly pockmarked and the crust is just 25 miles thick. nasa presented the findings at the scientific meeting. they will continue to study the moon until they crash into it later this month. >> back here on this planet. as the sight that you will not soon forget.

driving going to the dogs in the new zealand. they want to demonstrate the intelligence of you rescue dogs in the hopes that more people will adopt them. they spent weeks learning and receiving treats the whole time. >> we start the car and get it into position, brake on, gear in place, on the steering wheel. take off. and head along the straits and stop. >> the dogs have mastered the basic movement. they practiced on a it learned what a series called instinct active behaviors. >> we changed the behaviors. you put them into a sequence, but there a lot to do and for the dog to get an idea what actually is happening takes quite a long time. >> dan: but the hard work pays off. it is a little unsettling seeing

a dog behind the wheel. they will get the ultimate road test, driving live on national television in new zealand. i'm teaching molly to drive me to work. new concerns about global warming, snow and ice disappearing along with record high temperatures. we'll have that story ahead. plus the rise of reverse mortgages and risks involved for current homeowners. >> we're going through a once in a generation shift. >> dan: the effort by a bay area company to bring the programs you wanted to see to your laptop or your tablet. also, life and death of a jazz also, life[ laughter ]f a jazz [ girl ] wow, you guys have it easy.

i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah blah blah. if i had a sleepover, i couldn't just move the tv into the playroom. no. we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver only from at&t u-verse. get u-verse tv for $29 a month for six months. rethink possible.

>> dan: breaking news. coc sheriff's office is investigating a homicide in pleasant hill. the murder was reported to be in the intersection of 680 and concord avenue. we are running it down and certainly at 11:00 over on channel 7:00. >> moving on. some are saying that snow and sea ice at north pole disappearing fast. ginger zee has a report. >> nearly snowless in december. 7% of the united states is covered in snow. that is even less than this time last year when 32% of the nation was laysed in winter white. not enough snow means no skiing. yet this resort in washington state has had to wait. >> i am patiently.

>> and it's even warmer this past week, almost 700 record high temperatures have been set. all of that will contribute to 2012 likely being the warmest on record in the lower 48. one week or one season cannot tell a climate story. >> the subject, arctic where records were broken this year. in 2012 there was less snow than ever before. they measured arctic ice since 1979 and since then, half has disappeared. just this year, 4.35 million square miles melted away. >> melgtd on the greenland ice sheet is a big concern because that is moving water that is currently moving night the ocean. if it continues it will have an impact for people that live in coastal regions.

>> dan: health news, a study showing using tomaxafin reduces of getting cancer again. the study and journal shows that women who took it for ten years lowered their risk of recurrence by 25%. the government is sounding the alarm about something that affects millions of openeder americans, reverse mortgages. abc learns has learned that there is a growing concern over these and federal government may be taking action. >> this is the agreement. >> the family home, dream and nest egg for jim and linda mcmahon until it had to be sold to pay a reverse mortgaged as soon as her husband died. >> i get a letter. sorry to hear about your husband

passing away. >> it's an immediate cash payment in exchange for future equity. but only people 62 and older qualify. linda was too young to be on the mortgage. so when her older husband died she lost everything. it's only one danger inherent in the reverse mortgage. >> critics say the tv commercials prey to vulnerable senior seniors and they are warning it's not free money. >> they are not being told about the downside. >> right now in america, 57,000 seniors in reverse mortgages are in danger of losing their homes. nearly 10% forecast rate, four times higher than traditional mortgages. the department of housing and you urban development will recommend seniors be very careful with reverse mortgages.

>> reverse mortgage the last option? >> i think it should be. absolutely. >> an option. >> it's wonderful house. >> linda regrets taking. >> i hope somebody will enjoy it. >> the international olympic committee has stripped medals from four athletes at athens olympics after reanalyzing their samples but lance armstrong is keeping his bronze medal for the time being. they postponed on a season whether to revoke his bronze from the games in sydney. >> the courts of los angeles and long beach are open once again, striking clerical workers reached a tentative agreement with the port's 14 shipping lines ending an eight day walkout that cost an estimated one billion in trade per day. the ports of long beach and l.a. handle a full 44% of the

nation's container ship traffic. a bay area man who became a jazz legend. dave brubeck was born in concord and went on to world acclaim with his style. how brubeckchanged jazz. ♪ ♪ >> take five the signature piece of the brubeck quartet. best selling jazz single of all time. it made him a pop star. >> he connected with the people and band mates. he is a delightful person. it came out in his music. >> the jazz festival is in the 30th season. he wag is was here for the opening of the 1994 season and growing up in concord. >> courtney band used to rehearse in our house. i heard that band from the time

i was five or six years oe89d. >> he played piano in stockton. after a stint in the service he went to mills in service. >> the g.i. bill. >> where he formed his first group. this music was almost too sophisticated. so he toured colleges. he was america's most popular jazz man. >> he took poly rhythms and times, it was just jamming. >> he advanced racial justice playing black clubs in the south. >> he was really completely a modest spiritual guy. >> he was a kennedy center honors recipient in 2009. >> keep smiling dave and please keep making gt music.

>>. ♪ ♪ ♪ >> dan: what a talent and contribution. contribution. jazz legend, dave brubec

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>> dan: good evening. whether you are watching news, and sports or other entertainment, the screen that you are watching it on is not a television but finding the programs on your tablet and laptop can be time-consuming. jonathan bloom explains one bay area company is trying to do something about it. >> reporter: a big flat screen

tv on the wall but on the coffee table, the big game is playing on this ipad. >> tv means any screen that that you have in front of you. >> the concept is called tv everywhere and the company is adobe, now project prime time. >> it tells you what is live on the air right now. you can simply click on that. >> prime time is a tool for tv, two to put their live programs on all kinds of devices. >> an ipad experience, android experience, x-box experience, desktop experience, that is for a large media company millions of dollars of cost that we believe we can make much less expensive. >> so in certain apps, they replaces the ads on the air with ads aimed directly at you. >> this is not the same ad that so tv. >> they pick the ad based on

your viewing history and provide them your age and gender which could make commercials more enjoyable. >> if you provide them with an ad you want to watch, they are much more engaged if you are showing me a feminine hygiene ad i would be interested in jaguar cars. >> we will select comcast. >> you log in through your cable company furniture playing for the channel to cable you shouldn't have to pay on top of that on hulu or itunes. they point out most users don't. in the tv of the future, the commercial break is probably here to stay. >> whether it's over the internet, ads is what is funding programming today. >> dan: and talking sports, raiders day is tomorrow. larry beil is hosting a pre-game at 4:00 p.m.

at 5:00. n.f.l. network's coverage of denver oakland game live at coliseum. you and then they will return for after the game. >> what does sarah palin and fidel castro and the queen of england have in common. stay with us.

welcome to my secret lair. and you are? your worst nightmare mr. box. since you foolishly brought back your bonus jack! i have copied your two pure beef patties, lettuce, melting cheese, pickles, and middle bun, plus fries and a drink for $4.49. and now you will tell me what is in your secret sauce!! uh, i think i know. "we all know," "pretty obvious." you couldn't tell me when i handed out the wiener-dog lasers!?!

>> dan: dictionary has come out with their words of the year. socialism and capitalism, they say when a person looked up one word they typically looked up the other. they say the two words which are tell us how divided the country was during the presidential

election. one thing we can all agree on, it would nice to see the sun and spencer christian. >> that may be the word of the year sunshine. we're looking at live doppler, showers are tapingering off. we have a little spotty area of light showers east of hollister heading out to the central valley right now. showers in the bay area are winding down but still could be one or two isolated showers tomorrow night. temperatures will be in the low 60s tomorrow. as we look ahead tomorrow afternoon into the evening hours thursday night football at coliseum, oakland raiders taking on the denver broncos. it will be clear and cool at game time. here is the accu-weather seven-day forecast, we've got seven sunny days ahead. getting mild over the weekend. high temperatures will be in the mid-60s and stay in that range for the next several days.

>> dan: welcome relief. thanks a lot. >> to australian disk jockeys are apologizing impersonating queen elizabeth and prince charles to tell them about kate million ton's condition. >> good morning. >> hello, there. i could please speak to kate, my granddaughter. >> just one moment. >> thank you. >> a royal crank call to the bedside of a princess. >> kate, my darling, are you there. >> good morning. how may i help you. >> i'm have my granddaughter how it is going. >> impersonating her royal highness. >> when is the good time to come down there because i'm a queen. >> that well-intentioned nurse

is in good company. in the past. >> they have managed to call the queen herself and even pope john paul. a dj got through fidel cats treo sarah palin got caught up by a prankster imitating the french president. >> very good. we should go hunting together. >> as in this case, it begs the question, was the caller convincing. could you tell the difference. >> my dear, thank you so much. >> queen rarely uses the first person singular, one tends to. does one not? >> nothing like the palace at all. >> dan: larry cold calls people

with different accents, a vehicle if i have. >> i do the queen. [ laughter ] >> search is over in berkeley, cal bears, they have a new coach i know you are waiting for me to give you more of the queen.

look at you guys with your fancy-schmancy u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song.

that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible. >> dan: breaking news. we have crews just arriving at a fire in san francisco and we understand that one person has been killed. also a new wave of violence on the streets of cairo. buildings are being set so fire and what triggered tonight's clashes. always dispute at docks is keeping crab fishermen on dry land. those stories coming up at 11:00 over on channel 7. right now sports director, larry beil is here with big news at

cal. >> cal has a new football coach and you can expect the bears to to throw. sonny dykes leaves for berkeley. they averaged more than 51 points. he posted a record of 22-15. he runs the spread offense. he has previous experience in the pac-12 as be a assistant at arizona. no at huge name unless you are really into college football. his dad used to coach at texas tech. cal will hold a news conference tomorrow. >> one player he will not get a chance to coach is keannan allen. he announced he is going pro after his junior season. ranked in seventh at cal with 17 touchdowns. allen is a threat as a punt return. he is certainly to be a first

round pick in the spring n.f.l. draft. raiders are trying to snap a five game losing streak, they will host the broncos. we'll have that game live over on abc7 with the kickoff at 5:00 p.m. over the course of this story, manning s played only in oakland twice. first meeting of this year, between knees two teams came in week four when manning torched the raiders for 338 yards and three touchdowns. broncos coming in as favorites. key to them is avoiding a letdown. >> it's a tough place to play. i can tell you more about the division. second time you play our team. as a division game and on prime time, i've always played during the day it will be a tough place to play. >> it's a very solid group. they cover well on the outside

and they pressure the quarterback. they are very good against the run. there is not a young guy you want to take advantage of. it's just a very solid group. spot 1 to 11. >> how does colin kaepernick react to his first loss? he will make his third start for the red and gold. last week niners lost in overtime. call it a learning experience for the second year quarterback. his teammates have been supportive coming off the loss. >> biggest thing was move on and get ready for next week. we'll be ready for miami. >> we have faith and trust in colin and way he has placed. -- the way he has played. he has done a great job of getting out of trouble and extending plays. he has v been very accurate in

throwing the football. he has done a lot of good things. warriors begin a second road trip. a two week voyage beginning in detroit. warriors took the court and david lee going to the glass here. he had 20 points. curry and warriors by 2 at the break. they had 39 points. clay thompson, red hot. scored 19 points in the period with four straight 3's. warriorsith 18 after three-quarters on the road. nice game for curry who had 10 points. warriors survive, improve to 11-7, 104-97, nice way to start a lengthy. >> interesting choice. cal was a plum job. they could have anybody.